Brodie v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rules that prohibit violent conduct, assaulting staff and harassment. Petitioner also pleaded guilty at the hearing to refusing a direct order. The misbehavior report relates that at petitioner’s request, the cook handing out…